MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

July 8, 2008

The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD at 1:00 p.m. The following members of the Board were present:

• William C. Manlove, President
• Mark H. Guns, Vice President
• Rebecca J. Demmler, Commissioner
• Brian Lockhart, Commissioner
• Wayne L. Tome, Sr., Commissioner

Constituting a full Board.

The meeting opened with the Pledge of Allegiance to the flag.

- TEXT AMENDMENT, CECIL COUNTY ZONING ORDINANCE - ARTICLE V, PART XII, SECTION 153, RUBBLE LANDFILL; ARTICLE V, PART XII, SECTION 154, SANITARY LANDFILL; ARTICLE V, PART II, SECTION 67, MINERAL LANDFILL -

Eric Sennstrom, Director of Planning & Zoning presented three (3) Text Amendments to the Cecil County Zoning Ordinance, that upon approval will prohibit the disposal of coal combustion byproducts in a rubble landfill; sanitary landfill; or to be used as reclamation materials in non-coal surface mines located within Cecil County.

The text amendments were reviewed and approved by the Planning Commission at their meeting of June 16, 2008.

These amendments were presented in the form of a public hearing at the Board's June 17, 2008 meeting and are before the Board today for consideration.

Commissioner Lockhart made a motion to delay this vote, until after the meeting with the Maryland Department of the Environment, scheduled for 1:30 today.

Vice President Guns, seconded the motion and it was carried unanimously.

- BID AWARD NO. 08-50 -MEADOWVIEW SEWER AND WATER UPGRADES, PHASE 3 -

Upon the recommendation of Scott Flanigan, Director of Public Works, motion to award Bid No. 08-50 to HIE Contracting in the amount of $134,700 was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve.

- BID AWARD NO. 08-28 - BOAT RAMP & SHORELINE IMPROVEMENTS AT ELK RIVER PARK -

Upon the recommendation of Clyde VanDyke, Director, Parks & Recreation, and the Parks & Recreation Board, motion to award Bid No. 08-28 to Baltimore Pile Driving, Inc., in the amount of $1,167,740. to Baltimore Pile Driving., Inc, by Vice President Guns, seconded by Commissioner Tome and unanimously carried to approve. The funding for this project is Federally and Stated funded through the Department of Natural Resources.

Motion to adjourn the meeting was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried at approximately 1:15 P.M.

The Board met for a meeting with the Maryland Department of the Environment at 1:30 P.M., in the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD 21921 for the purpose of discussions of several matters of concern to the Board. 1). Sewage sludge land application process-local land use of regulations/state preemption; 2). Stancill's sand & gravel operation - proposal of "Constellation Energy Group" to use flyash for reclamation; 3). Water/Sewer issues (Aston Pointe GAP)

Attendance:

• William C. Manlove, President
• Mark H. Guns, Vice President
• Rebecca J. Demmler, Commissioner
• Brian Lockhart, Commissioner
• H. Norman Wilson, County Attorney
• Wayne L. Tome, Sr., Commissioner
• Shari T. Wilson, Secretary of the Environment
• Robert Summers, Ph.D., Deputy Secretary
• Horacio Tablada, Director Waste Management Administration
• Bridgett Kenney, MDE
• Senator Nancy Jacobs
• Delegate David Rudolph
• Delegate Mary-Dulany James
• John Bunnell, Mayor of Cecilton
• James Eberhardt, Mayor of Perryville
• Robert Gell, Commissioner, Town of Charlestown
• Eric Sennstrom, Director, Planning & Zoning
• Scott Flanigan, Director, Department of Public Works
• Vernon Thompson, Director, Economic Development

President Manlove opened the meeting and welcomed Secretary Wilson and staff. He directed the public in attendance that there would be no public participation in this meeting.

Eric Sennstrom, Director of Planning & Zoning outlined the concerns of the Board relating to sewage sludge land application process - local land use of regulations/state preemption; the proposal of Constellation Energy to reclaim Stancill's sand & gravel operation using flyash; and water/sewer issues, specifically the issuance of a ground water appropriation permit relating to Aston Pointe.

Sewage Sludge Land Application Process - Issuance of sewage sludge permits in the Southern Agricultural Residential District, without the issuance of a special exception, which is required in Cecil County.

Secretary Wilson responded and stated that MDE recognizes that several counties within the state, Cecil & Kent, have their own requirements and permitting processes relating to sewage sludge application. However, the state's regulations for issuance of applications do not require local authorization; the state respects the interest and their ability to enforce the local ordinances of the respective county. Secretary Wilson stated that Kent County is legally challenging the process at this time. She further stated that MDE is in the process of reviewing theses processes and is hopeful their may be changes and or improvements forthcoming.

Vice President Guns inquired as to the state considering the local jurisdictions local ordinances and zoning requirements when issuing these types of permits.

Secretary Wilson stated that it would be a cumbersome task to intermingle local and state laws, and reiterated that state is not trying to restrict local authorities. She further stated that sewage sludge is a beneficial re-use and MDE is working toward establishing further regulatory guidelines for permitting.

Delegate Rudolph inquired as to whether local ordinances will be taken into consideration as part of the review process.

Secretary Wilson advised that the use of buffer yards and other technical issues, there will not be any local ordinances taken into consideration.

Senator Jacobs commented about an applicant in her district, who was not aware of the health hazards of the sludge and upon being made aware of the hazards, withdrew their application. She voiced concern for educating the potential sludge applicants as to any potential dangers. Senator Jacobs is also concerned about the treatment of areas that are in close proximity to waterways.

Secretary Wilson stated that these factors would be taken into consideration. She stated that the committee would be meeting in August to review recommendations and would make the minutes of this meeting available.

Delegate James commented about farmers granting legal consent to spread the sludge on their farmland. She is concerned about how much information the farmers receive relating to the health hazards, etc.

Delegate Rudolph commented about the difference in Class A & Class B sludge, and the potentiality of the committee meeting in August redressing the permitted uses of same. He further stated that the Delegation will be revisiting the legislation that was pulled during last year's session.

Senator Jacobs suggested the possibility of banning Class B sludge.

Secretary Wilson stated that Class B sludge is safe if the permitting regulations are followed.

Coal Combustion ByProducts - Fly Ash - Secretary Wilson gave a summary of the beneficial re-use of coal combustion byproducts (fly ash) and stated that at the present time, there have been no permits for any project using fly ash in Cecil County. Currently, MDE is attempting to identify funding sources to draft new regulations for flyash disposal.

Delegate Rudolph commented about the proposal of Constellation Energy for the disposal of flyash through a reclamation project at the Stancill's quarry. He expressed concern due to the proximity to the bay if leeching were to occur.

Secretary Wilson responded that a project of this nature would require a full industrial permit.

Vice President Guns commented about the proposed ordinance relative to the prohibition of coal combustion byproducts in Cecil County landfills or for use as reclamation materials in non-coal surface mines and the validity of the ordinance if the State issues a permit.

Secretary Wilson stated that a ruling from that MDE would seek an opinion from the Attorney General in that regard.

Delegate Rudolph inquired as to a time-frame in identifying a funding source and issuance of any new permits.

Secretary Wilson would not commit to a time-frame.

Aston Pointe Groundwater Appropriation Permit

Secretary Wilson stated that concerning this permit, it is due to the complexity of this permit; MDE is reviewing this permit very thoroughly and anticipates issuance in early August.

President Manlove commented that he appreciates that fact that MDE is reviewing this permit very thoroughly, as a result of the MDE approved wells in the county that have recently failed.

The meeting adjourned at approximately 3:10 p.m.

The meeting of the County Commissioners for the purpose of consideration of the previously presented text amendments reconvened at 3:30 p.m., with the full Board in attendance.

Commissioner Demmler motioned to approve the proposed text amendments to Article V, Part II Section 67; Article V, Part XII, Section 153; and Article V, Part XII, Section 154 of the Cecil County Zoning Ordinance as well as amending Article XI, Part I, Section 197.7 to add §G to include coal combustion byproducts under uses prohibited in the Critical Area District. Specifically the language to be added would read as follows: 197.7 The following uses are prohibited: g. Placement or storage of coal combustion byproducts.

The motion was seconded by Commissioner Tome.

Vice President Guns commented about the amendment of the additional language prohibiting the use in the Critical Area District. He further stated that passing this ordinance is not going to prevent the use of flyash in Cecil County, and stated that he would be working toward an ordinance that would benefit the County.

President Manlove commented that MDE was not going to issue any new permits until the new regulations are established.

Commissioner Demmler commented that despite of all the discussion, she is still opposed.

Commissioner Lockhart commented in opposition of adding additional language to the text amendment.

The motion carried by a majority vote:

Manlove - Y, Guns - Y, Demmler - Y, Lockhart - N, Tome - Y.

The meeting adjourned at 3:35 p.m.